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What Would You Do: The Case of the Signer and the Unhappy Daughter

What Would You Do: The Case of the Signer and the Unhappy Daughter

By David Thun on December 2, 2020

The Notary Hotline receives hundreds of calls every day from Notaries who find themselves in challenging situations. To help your knowledge of Notary standards of practice, we’ve created a series of scenarios based on actual situations and ask a simple question: What would you do?

To prevent possible fraud or misrepresentation of a signer’s wishes, Notaries are expected to rely only on direct communication with the signer. But what would you do in this tricky workplace situation?

Imagine you are a Notary working at your office. A customer arrives at your workplace accompanied by his daughter. The customer needs a financial benefits document notarized. You are assigned to perform the notarization, but when you meet the signer, you realize the signer does not speak English, and you do not speak the signer’s language.

The daughter offers to serve as an interpreter for you and the signer. “We’ve had this type of document notarized before, and the other Notaries didn’t have any problem with me interpreting for my father,” she says. When you express concerns about not being able to communicate directly with the signer, the daughter demands to speak with your manager.

What Would You Do?

Do you refuse to proceed with the notarization under threat of the customers complaining to your manager and potentially getting you in trouble with your boss? Do you complete the notarization as asked, even though you can’t communicate directly with the signer? Or is there a third option you would take instead?

To participate in this “What Would You Do?” scenario, share your response in the comments section below. We may mention your answer in next week’s Bulletin, when we discuss the best possible solution(s) to this notarial challenge.

David Thun is an Associate Editor at the National Notary Association.